THE NATION

Lawmakers go behind the scenes to save their earmarks

Both parties lobby agencies to fund projects scrapped with the GOP spending bill.

WASHINGTON — After Democrats won control of Congress, they moved to fulfill their pledge to crack down on the controversial practice of lawmakers slipping projects in spending bills without public scrutiny.

In February, they scrapped Republican-drafted bills loaded with earmarks and passed a bill that they boasted had none.

Among those celebrating the achievement was Senate Majority Leader Harry Reid (D-Nev.), who said that piecing together the $463.5-billion spending bill was difficult, "but we got it done without a single earmark."

But the day after President Bush signed it, Reid wrote federal agencies to "strongly support the priorities" in the discarded GOP bills. "I believe they are essential to the nation and to my home state of Nevada."

Reid was not alone in seeking to save his earmarks.

Lawmakers from both parties -- including Democrats ranging from the most senior, such as Sen. Robert C. Byrd of West Virginia, to one of the most junior, such as Sen. Jon Tester of Montana -- pressed agencies to grant their spending requests, according to correspondence obtained under the Freedom of Information Act by the Center for Investigative Reporting.

The behind-the-scenes lobbying for projects stripped from this once "earmark-free" bill underscores how difficult it will be for lawmakers to curtail a practice that has expanded despite criticism that it is out of control. Already, lawmakers are seeking to replace lost earmarks in next year's appropriations bills, although they have promised to be more open about it.

"What is ironic is that at the same time lawmakers were crowing about no earmarks this year, they were surreptitiously drowning agency heads in funding requests," said Steve Ellis of Taxpayers for Common Sense.

Rep. Jeff Flake (R-Ariz.), a leading critic of earmarking and one of the few lawmakers who wants to end the practice, offered a simple explanation: "We're addicts."

The Center for Investigative Reporting requested documents from 13 agencies. Five responded: the Environmental Protection Agency, the departments of Labor, Commerce and Interior, and the Air Force. Those agencies provided 122 spending requests from 52 senators and 205 representatives between January -- after Democrats announced they would exclude earmarks -- and April.

Federal agencies must fund earmarks lawmakers insert into bills. With the earmarks eliminated, the agencies were free this year to set their own spending priorities. So, lawmakers touted their own requests to influence those decisions.

Reid wrote Interior Secretary Dirk Kempthorne, a former Senate colleague, to ask him to support projects in the Republican-penned Interior bill, which included $200,000 for a Mojave Desert science center and $300,000 to help preserve historic buildings in the frontier mining town of Goldfield, Nev.

Jim Manley, a spokesman for the majority leader, said Reid and other members of Congress have strong views on how to spend federal dollars in their states. "There's absolutely nothing wrong with communicating these views to the executive branch," he said.

Despite the taint attached to the term "earmark," Tester said that he and Sen. Max Baucus (D-Mont.) recovered millions of dollars "lost when Congress didn't fund specific projects, also known as earmarks." Among the funding they secured: nearly $1 million for the Joe Skeen Institute for Rangeland Restoration at Montana State University.

Byrd, one of the Democratic spending bill's principal authors, lauded the bill's restraint. "The legislation does not include earmarks -- hear me -- the legislation does not include earmarks," he said on the Senate floor.

But Byrd, chairman of the appropriations committee, who is regarded as a master of pork-barrel politics, then wrote the Interior Department to "strongly urge" funding for 13 projects in his state. The department funded seven, including more than $1 million for a fish hatchery for endangered freshwater mussels.

Byrd and other lawmakers have revived their earmarks in the new spending bills now moving through Congress. The senator, for example, inserted $125,000 for the International Mother's Day Shrine building in Grafton, W.Va., in the fiscal 2008 interior appropriations bill.

Lawmakers from both parties wrote the Commerce Department seeking $13 million for the National Textile Center, a consortium of universities that conducts research to help U.S. companies remain competitive. The money was not provided.

Sen. Jack Reed (D-R.I.) urged the Commerce Department to provide $500,000 for a marine education program that allows students with limited means to learn about Narragansett Bay. "Reed's job is to advocate for the state, and that's what he's doing," said Reed spokesman Chip Unruh.